ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiff's motion for default judgment (Fil. No. 10). Justin A. Roberts represents the plaintiff. No appearance has been entered for the debtor. A creditor filed this adversary proceeding to except the debt owed to it from discharge. In 2014, the debtor purchased a 2013 GSXR600L3 Suzuki motorcycle from Star City Motor Sports in Lincoln, Nebraska, for $12,441.00. He signed a retail installment contract...
FINDINGS AND RECOMMENDATIONS TO THE UNITED STATES DISTRICT COURT THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the motion by defendant Ryan Niroomand-Rad, Michael Niroomand-Rad, and Xion Construction Company, LLC, to withdraw the reference of this adversary proceeding (Fil. No. 11) and the plaintiff's resistance thereto (Fil. No. 15). Lauren R. Goodman and Michael T. Eversden represent the movants, and Rex J. Moats represents the plaintiff. The background of...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the debtor-plaintiff's motion for summary judgment (Fil. No. 6). Keith M. Buzzard represents the debtor-plaintiff. No appearance has been made for the defendant. Evidence and a brief were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is granted. The following facts are uncontroverted:...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . Hearing was held in Omaha, Nebraska, on November 14, 2016, on Debtor's amended Chapter 12 plan (Fil. #41 as a correction to Fil. #33), and an objection filed by Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (Fil. #38). Patrick R. Turner appeared for Debtor, James A. Overcash appeared as the Chapter 12 trustee, and James J. Niemeier appeared for Farm Credit Services of America, FLCA and Farm Credit...
ORDER DENYING MOTION TO DISMISS SHON HASTINGS , Bankruptcy Judge . Pro se Plaintiff Jennifer J. Lashley initiated this action by filing a Complaint seeking an order ruling that debts Defendant/Debtor Eric J. Lashley owes to her are excepted from discharge pursuant to 11 U.S.C. 523(a)(5) and (a)(15). Doc. 1 20. In the Complaint, Lashley also alleges Debtor should be denied a discharge under 11 U.S.C. 727(a)(2) and (a)(5) "in the event debtor disposes of any property during the...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the debtor-plaintiffs' motion for summary judgment (Fil. No. 9). Trinh P. Tran represents the debtors. No appearance was made for the defendant. Evidence and a brief was filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is granted. This adversary proceeding was filed to avoid a junior...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the debtor-plaintiff's motion for summary judgment (Fil. No. 6). Keith M. Buzzard represents the debtor. No appearance has been made for the defendant. Evidence and a brief were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. This adversary proceeding was filed to avoid a junior lien on the debtor's...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the debtor-plaintiff's motion for summary judgment (Fil. No. 5). Keith M. Buzzard represents the debtor-plaintiff. No appearance has been made for the defendant. Evidence and a brief were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is denied. This adversary proceeding was filed to...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the plaintiffs' motion for summary judgment (Fil. No. 23) and the debtor's resistance (Fil. No. 26). Robert B. Creager represents the debtor, and John C. Hahn represents the plaintiffs. Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is denied. This case concerns...
MEMORANDUM AND ORDER APPROVING IN PART AND DISAPPROVING IN PART THE FINAL APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES AND ORDERING PARTIAL DISGORGEMENT OF FEES Shon Hastings , Judge , United States Bankruptcy Court, Sitting By Designation. Robert F. Craig, P.C., d/b/a Craig/Bednar Law, P.C. ("Craig/Bednar Law") 1 filed a Final Application for Allowance of Compensation and Reimbursement of Expenses under 11 U.S.C. 331 on August 27, 2014. Doc. 629. Craig/Bednar...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the parties' cross-motions for summary judgment. David W. Pederson represents Sweetwater Cattle Company, Jim R. Titus represents Farm Credit Services of America, and David J. Skalka represents Leigh Murphy and Murphy Cattle Company. Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motions were taken under advisement without oral...
ORDER THOMAS L. SALADINO , Chief Bankruptcy Judge . This matter is before the court on the plaintiff's motion for summary judgment (Fil. No. 52). Kathryn J. Derr represents the debtor, and Thomas O. Ashby represents U.S. Bank. Evidence and a brief were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is granted. In this adversary proceeding, U.S. Bank and the debtor...
ORDER THOMAS L. SALADINO , Chief Judge . This matter is before the court on the plaintiff-debtors' motion for summary judgment against defendant Home Federal Savings and Loan Association of Grand Island (Fil. No. 13). No objection was filed. Samuel J. Turco, Jr., represents the debtors. No appearance has been made for the defendant. Evidence and a brief were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the parties' motions for summary judgment (Fil. No. 18 and Fil. No. 34). Victor E. Covalt III represents the Plaintiffs (individually and collectively, "Leonard") and Robert M. Gonderinger and David J. Skalka represent the Defendant ("Murphy"). Evidence and briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motions were taken under advisement...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . Trial was held in Omaha, Nebraska, on March 3, 2016, on a motion to appoint trustee filed by creditor Ronald Sears (Fil. #190), an objection filed by Debtor (Fil. #193), and a joinder motion filed by the United States Trustee (Fil. #201). Jerrold L. Strasheim represents Debtor ("Robert"), Donald L. Swanson, Brian J. Koenig, and Kristin M.V. Krueger represent Ronald Sears ("Ronald"), and Jerry L. Jensen represents the United States Trustee. This...
ORDER GRANTING MOTION TO DISMISS THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on a motion to dismiss (Fil. #4) filed by Rhett R. Sears, Rhett R. Sears Revocable Trust, Ronald H. Sears, Ronald H. Sears Trust, and Dane R. Sears ("Defendants"). Defendants are represented by Donald L. Swanson, Brian J. Koenig, and Kristin M.V. Krueger of Koley Jessen, P.C., L.L.O. Plaintiffs, Robert A. Sears individually and as testamentary trustee under the will of Redmond Sears,...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on Independence Bank's motion to stay the responsive pleading deadline and further proceedings (Fil. No. 8 in Adv. Proc. No. A16-8004) and Independence Bank's motion for relief from stay (Fil. No. 28 in Case No. BK15-81898). The motions were heard and taken under advisement on March 2, 2016. In 2014, the plaintiffs filed a lawsuit against their lender, Independence Bank, in the United States District Court for...
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on a motion for summary judgment (Fil. #28) filed by Defendant, Barbara Ann Graves, and a resistance (Fil. #31) filed by Plaintiff, Bank of Doniphan ("Bank"). Kristin Krueger and Donald L. Swanson represent the Bank, and Trev Peterson represents Ms. Graves. The parties have had the opportunity to submit briefs, and the motion was taken under advisement. For the reasons set forth below, the motion is denied....
ORDER THOMAS L. SALADINO , Bankruptcy Judge . This matter is before the court on the defendant debtor's motion for summary judgment (Fil. No. 22) and resistance by the plaintiff (Fil. No. 26). Desirae M. Solomon represents the debtor, and Craig A. Knickrehm represents the plaintiff. Briefs were filed and, pursuant to the court's authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motion was taken under advisement without oral arguments. The motion is denied. Tina and Rick...
MEMORANDUM AND ORDER SHON HASTINGS , Bankruptcy Judge . Debtor/Plaintiff Sandpoint Cattle Company, LLC brought this adversary proceeding by Complaint filed on October 6, 2014. In its Complaint, Debtor asserts a legal malpractice action against Defendants Robert Craig and Robert F. Craig P.C. d/b/a Craig/Bednar Law P.C. Debtor alleges Craig and his firm breached the standard of care in their representation of Debtor in its bankruptcy case. Specifically, Debtor asserts Craig informed Debtor...
